logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2019.10.18 2018나68943 (1)
청구이의
Text

1. The judgment of the court of first instance is modified as follows.

The defendant against the plaintiff (appointed party) and the plaintiff (appointed party).

Reasons

1. Facts of recognition;

A. The Plaintiff (Appointed; hereinafter “Plaintiff Company”) is a company established on June 19, 2015 for the purpose of automobile wholesale and retail business.

Plaintiff

The actual operator of the company is E, and the plaintiff (the appointed party and the former name was "L," but the name was changed on August 19, 2016; hereinafter "the plaintiff B") permitted E to use his/her name as the representative of the plaintiff company. Accordingly, the plaintiff B was registered as the internal director (representative) on March 9, 2016 in the corporate register of the plaintiff company.

B. On August 23, 2016, the Defendant: (a) made an agreement on inventory financial limit transactions between the Plaintiff Company and the Plaintiff Company on the lending limit amounting to KRW 300,000,000; (b) August 23, 2016; (c) August 23, 2016; and (d) on August 22, 2017, the date when the extension of the lending limit was terminated; and (b) made an agreement on inventory financial limit transactions between the Plaintiff Company and the Plaintiff Company on the lending limit amounting to 24%

(hereinafter “instant loan agreement”). C.

In the debtor column of the loan agreement of this case, the rubber and seal imprint in the name of the plaintiff company are affixed to the debtor column, and in the joint and several sureties column, the signature of the plaintiff B and the seal imprint are affixed.

In addition, the loan agreement of this case is accompanied by the certificate of seal impression of the Plaintiff company (issuance by August 8, 2016), the certificate of corporate register, shareholders, etc., and the certificate of the Plaintiff B’s seal impression (issuance by the principal as of August 4, 2016), resident registration copy (issuance by the parent-child M) and a copy of the identification card.

In accordance with the instant loan agreement, between September 2, 2016 and December 8, 2016, the Defendant provided loans to the Plaintiff Company for the purchase cost of the used cars as indicated in the following [Attachment].

[Attachment]

E. The Defendant filed an application with the Plaintiffs for a payment order, such as loans, etc. with the Incheon District Court 2017 tea1650, and sought performance of the loan obligations and the joint and several liability obligations under the instant loan agreement, and the said court on March 27, 2017, “the Plaintiffs shall be jointly and severally liable.”

arrow